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ORD NO 09-2025 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.0 1 - 2025 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 7-1963 (VAN BUREN MUNICIPAL CODE NO.14.04.01) FOR THE PURPOSE OF REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS, AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN,ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas,is duly incorporated under the law of the State of Arkansas, with all powers, authority, and duties of a city of the first class; and WHEREAS, the City of Van Buren has adopted the Zoning Ordinance for the City of Van Buren (Ordinance No. 7-1963); and WHEREAS, a request has been made by ERP Holdings, LLC to rezone certain property within the city limits of the City of Van Buren; and WHEREAS, notice of a Public Hearing was duly published in the Southwest Times Record on June 15, 2025, and a public hearing was conducted as required by law(A.C.A 14- 56-422) on July 1, 2025; and WHEREAS, as a result of this hearing, the Planning Commission recommended that certain property within the city limits of the City of Van Buren be rezoned from its previous classification to the following: Current Zoning New Zoniniz Residential-3 Commercial-2 Multi-Family Residential District Thoroughfare Commercial District Layman's Address 324 W. Pointer Trail Legal Description is attached hereto as Exhibit"A". WHEREAS, the proposed rezoning herein was recommended by a majority vote of the entire Planning Commission, in accordance with A.C.A. 14-56-422. NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, THAT: SECTION 1: The above-described property is hereby rezoned from R3 to C-2 and the Van Buren Zoning Map is hereby amended to reflect this rezoning. IN WITNESS WHEREOF,the City of Van.Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 41 for and against,the foregoing Ordinance at its regular meeting held on the 28th day of July 2025. C,\evk Tress V ell City of Van Buren Jos ph P. urst �y Ma (, Ch County.P��a ATTESTED: APP AST O V/� "` rc3" Shawnna R n lds J tcob o ell City Clerk/Treasurer C orney EXHIBIT "A" Legal Description: A Part Of The Southwest Quarter Of The Northwest Quarter Of Section 13, Township 9 North, Range 32 West, Crawford County,Arkansas,More Particularly Described As Follows: Commencing At A Found 1/2" Rebar Accepted As The Southwest Corner Of Said Sw 1/4, Sw 1/4, And Run Thence S 85%%D38'44" E A Distance Of 333.89' To A Found 1" Pipe; Thence N 02%%D46'41" E A Distance Of 465.43'To A Found 1/2"Rebar At The Point Of Beginning: Thence N 02°44'03" E A Distance Of 199.72' To A Found 1" Pipe; Thence S 85°30'53" E A Distance Of 327.75'To A Set Rebar And Cap;Thence S 02°40'12" W A Distance Of 196.54' TO A Found Rebar And Cap; Thence N 86°04'18" W A Distance Of 327.89' To The Point Of Beginning, Having An Area Of 64928.3 Square Feet, 1.491 Acres More Or Less. Subject To And Along With An Access Easement Described At Book 2003, Page 1624, A 15' Sewer Easement Described At Book 97, Page 018967, And A 20' Right Of Way Easement To Arkansas Oklahoma Gas Company Described At Book 98, Page 25282,All In The Crawford County Circuit Clerks Record. City of 'Van Buren, Arkansas, 0 0 Mumcipal 1003 Broadway a Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: REZONING—VALLEY SPRINGS REHAB (324 W. POINTER TR. DATE: JULY 21, 2025 The subject rezoning application was submitted to the City for the purpose of rezoning a portion of the Valley Springs Rehabilitation and Health Center property. The applicant for this rezoning is ERP Holdings,LLC which were represented by Richardson Engineering, Inc. Most of their property is zoned Commercial-2 but a portion of the property is currently zoned R- 3 multi-family.Valley Springs is currently planning a significant development on their property which will require the R-3 portion of the property to be changed to Commercial-2 matching the bulk of their property. Maps are enclosed that show the existing and proposed rezoning and their proposed development plan. The Planning Commission held their public hearing for this rezoning request on July 1, 2025. At the public hearing there were no adjacent property owners or anyone in opposition to the proposed rezoning. The Planning Commission members that were present at the meeting voted unanimously to recommend the City Council amend the zoning map by approving this rezoning request of ERP Holdings,LLC. The Planning Commission members present were a majority of the Planning Commission as required by A.C.A. 14-56-422. I have attached the documents submitted by the applicant and all information reviewed by the Planning Commission. Please let me know if you have any questions. C At " , (if an Buren, ./-V'� fk-a Municipal Complex 1003 Broadway * Van Buren, Arkansas 72956 PLANNING COMMISSION REZONING MEMORANDUM TO: PLANNING COMMISSION FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: PARCEL NO. 700-08947-001 (R-3 TO C-2) DATE: JUNE 24,2025 CC: APPLICANT(S) Richardson Engineering, Inc. agent for ERP Holdings,LLC REASON FOR REZONING Zoning to allow for construction of a 19,130 sq. ft. Rehabilitation Building (Valley Springs Rehabilitation and Health Center) SITE DATA Location. Approximate Address is 420 W. Pointer Trail Existing Structures. None. Current Zoning R-3 Multi-Family Residential District Requested Zoning C-2 Thoroughfare Commercial District Adjacent Zoning and Land Uses R-3 and C2. Apartments, Southeastern Freightways Trucking,Valley Springs Rehabilitation Master Land Use Plan The 2009 Master Land Use Plan shows this property as Commercial. Master Street Plan. W. Pointer Trail is a Collector on the Master Street Plan. Flood Plain. N/A Public Improvements. N/A STAFF COMMENTS The attached application and letter from Richardson Engineering explains the purpose of the rezoning.The application includes a proposed plot plant showing the placement of future structures on the property.The rezoning request does not appear to present any conflicts with surrounding properties and is in compliance with the Master Land Use Plan. CITY OF VAN BURE N REZONING APPLICATION REZONE NUMBER: APPLICANT NAME: Richardson Engineering, PL,LC TELEPHONE NUMBER: 501-315-7225 ADDRESS: 325 West South Street, Benton, AR 72015 PROPERTY OWNED BY: ERP Holdings, LLC TELEPI-IONSNUMBEP. 501-835-3988 ADDRESS: W. Pointer Trail, Van Buren, AR COUNTY ASSESSOR'S PARCEL NUMBER:700-08947-001 PRESENT USE: Vacant Field PROPOSED USE: Building with Parking Spaces APPLICANT SIGNATURE, C-XIA�ttP- PLANNING DEPARTMENT PROVIDES: REZONING FROM: TO: DATE FILED: PUBLIC HEARING DATE: CONTINUED TO DATE: APPLICATION FEE PAID: OTHER FEES: PLANNING COMMISSION ACTION:Mk—ww DATE: CITY COUNCIL ACTION: DATE: ORDINANCE NUMBER: Permission for City of Van Buren to Communicate with Engineer AFFIDAVIT I, the owner of do hereby authorize my engineer RICHARDSON ENGINEERING,to act as my authorized agent regarding the above development. Signature Date Subscribed and sworn to me a Notary Public on this — U - -- Notary Public My commission expires: EtR1NE"8 Notery Public-Arkanses Pulseki CounlY My Commission Expires 02.04.2030 Commit$ on N 12374724 RICHARDSON EIM 01NEERINC Planning - Engineering - Development Consulting June 11, 2025 City of Van Buren, Crawford County 1003 Broadway Van Buren, AR 72956 Honorable Mayor Hurst Members of City Council Members of the Planning Commission RE: Request to Rezone Parcel# 700-08947-001 from R-3 to C-2 Dear Honorable .Mayor Hurst: Please accept this letter as the request to rezone Parcel#700-08947-001 located on W. Pointer Trail Road,Van Buren, Crawford County. We are requesting a rezone from R-3 Multi-family Residential to C-2 Commercial District. This Property is currently owned by ERP Holdings LLC and is being represented by Richardson Engineering, PLLC. Currently,this property is a vacant field. The owners of Valley Springs Rehabilitation and Health Center are proposing to build a 19,130 ft2 Rehabilitation Building with the required parking spaces. Attached are a Plot Plan showing the placement of the structure, a list of all property owners within 300',the Legal Description, and a Representation Authorization Letter. Engineer's Information: Tristin Phillips, PE Richardson Engineering,PLLC P.O. Box 192 Benton,AR 72018 Tristin(a�Richardson-Engrs.com (501) 315-7225 325 W. South St. ® Benton, AR 72015 ■ Phone: 501.315.7225 ■ richardson-engrs.com Sincerely, Tristin Phillips, PE Encl. 325 W. South St. • Benton, AR 72015 ■ Phone: 501.315.7225 ■ richardson-engrs.com Wally Bailey From: Shannon Scott <sscott@wapdd.org> Sent: Tuesday,July 1, 202S 11:30 AM To: Wally Bailey Subject: Fw: [External) description W Pointer Trl Wally, Southpoint Surveying sent me the corrected description for Tract 1 below. Get tl i*for r I-oj From:South Point Surveying<southpointsurveying@yahoo.com> Sent:Tuesday,July 1,2025 11:16:45 AM To:Shannon Scott<sscott@wapdd.org> Subject: description You don't often get email from southpointsurveying@yahoo.com. Learn why this is important TRACT 1 A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 9 NORTH, RANGE 32 WEST, CRAWFORD COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1/2" REBAR ACCEPTED AS THE SOUTHWEST CORNER OF SAID SW 1/4, SW 1/4, AND RUN THENCE S 85%%D38'44" E A DISTANCE OF 333.89'TO A FOUND 1" PIPE; THENCE N 02%%D46'41" E A DISTANCE OF 465.43'TO A FOUND 1/2" REBAR AT THE POINT OF BEGINNING:THENCE N 02°44'03" E A DISTANCE OF 199.72'TO A FOUND 1" PIPE; THENCE S 85°30'53" E A DISTANCE OF 327.75'TO A SET REBAR AND CAP; THENCE S 02°40'12"WA DISTANCE OF 196.54'TO A FOUND REBAR AND CAP; THENCE N 86°04'18"WA DISTANCE OF 327.89'TO THE POINT OF BEGINNING, HAVING AN AREA OF 64928.3 SQUARE FEET, 1.491 ACRES MORE OR LESS. SUBJECT TO AND ALONG WITH AN ACCESS EASEMENT DESCRIBED AT BOOK 2003, PAGE 1624, A 15' SEWER EASEMENT DESCRIBED AT BOOK 97, PAGE 018967, AND A 20' RIGHT OF WAY EASEMENT TO ARKANSAS OKLAHOMA GAS COMPANY DESCRIBED AT BOOK 98, PAGE 25282, ALL IN THE CRAWFORD COUNTY CIRCUIT CLERKS RECORD. 1 Van Buren Zoning Map 11 �-- 1702 -1 r 170+3 1701 _ ..W �. S f 3 4V �y 258 1610 1608 w v _ .fir.. m ..,..- f.�-."" T 06 i" 1504JA s r - s _ 30 128 o � r GG 315 402 406 404, 6/16/2025, 3:20:41 PM 1:2,257 ----- 0 0.01 0.03 0.06 mi — State Parcel Boundary Single Family Home ------ City Limit Boundary 3 1 1r� 1_ Esite Multi-Family Home =Zoning Ordinance 0 0.03 0.05 0.1 km Commercial Streets Zone `i Utility Town Medium Volume C-2 Mazar, Microsoft. WESTERN ARKANSAS PLANNING & DEVELOPMENT DISTRICT GIS/911 DEPARTMENT Hospital/Health Care t __:WAPDD_911.DBO.Pianning_Bdy R-1 provided by WAPDD GIS Dept 2023 Webmap �4d x ry L I I _ I ,, LL I li I I � I I � I m j A da a PROJECT NO.:025-009 PRELIMINARY SITE PLAN RICHARDSON ouEc�NE4-iMGAE,NVEsrzws VAN BUREN it l �'% E N I N E E R I N G ...os/a2/Ia2s REHAB •`G r"'"°•°'"'a"'"M<°"`"m" PART OF THE SW 114 OF THE q, 's 'SWTH STREET,BFNTON,AR 7101S I501>11S772S ' NW 114,SECTION 13, T-9—N,R-32—W s ozu'ao`w i•n. N xle•Te'w ._.:;ti'r>-'f�•e�3�;__�_4"iw..::;4 9T-eo' VALLEY SPRINGS ADDITION, Tm 5 p?•`�_3.1 E C"OF VAN BUREN, s nz+A'u•W _ avers' zze.• re. CRAWFORD COUNTY. '`\ �2?'`\,M' ARKANSAS x xte'le•w f7].09' -� x i Y...I LL4IIE1('S�17i=�H9PEa�5 aw trRStl:P 3. �TFa canard. 23L2 - MTTm Ara i, re�r�Mrt Nix n S 32x1'S)'w 6t�TE MMT . 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West Pointer Trod Aa sxee' y, x >vo .o ea Scole 1" = 40' ._ _.._ .tJRYEY_DESCRIPTION -. _... ___ ' —_—VICINILTY MAP_. A PART OF THE SOUTHWEST OIURTER OF THE NORTHWEST OIMRIER OF SECTION 7,TOWNSHIP 9 NORM,RANGE 12 WEST,—FORD iYll � COUx11',ARHANSAS,MORE PARTY:UWLY DESCRIBED AS FOLLOWS:COMMENCINO AT A FOUND 1/2"RE6V1 ACCEPUO AS THE SOUTHWEST CORREOMNRIO`THEN[ND SW 10Y45.54"E AAND RUN THOI DISTANCE Orr 66555 3TOB A,FOUND DI"PPE;THENCE S J30'S"or 333.89'TO A EA DISTIPE AT ANCE OF THE POINT TO FA SET RERVI AND CAP:THENCE S 0740.12•W A DISTANCE OF 429.61-TO A CHISELED R IN CONCRETE:THENCE N eV31.57"w A DISTANCE OF I ,,,29'TO A FOUND 5/6"REHAR;THENCE 5 02.49'55"W A DISTANCE OF 235.OY TO A FOUND T•PIPE;THENCE Al e6•W07"W A 'STANCE OF 52.9e':TO THE POINT Or BEGINNING,HAVING AN AREA OF 151172.75 SOWRE FEET,3.S2 ACRES MORE OR LESS. R .......... .EtGEBu SURVEYOR 5 NOTES �-SET A4 REBAR w/CAP I sawn 1 11eW 611 er+VnL .. - s-rdNTROLLIxG caRNw BASIS OF BEARING S"u"4< "6jAo a `E,CAS METER x N. 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